In today’s digital age, it’s common to turn to the internet for quick solutions—whether it’s shopping, managing finances, or even preparing legal documents. Online templates for wills and estate plans can seem like a fast, cost-effective alternative to hiring a professional. But when it comes to safeguarding your legacy, cutting corners can have lasting consequences.

While these templates may be reviewed by legal professionals and work in simple scenarios—such as when an individual has no dependents and minimal assets—they often fail to address the complexities of real-life situations. The law is nuanced, and estate planning isn’t one-size-fits-all. Mistakes or oversights in a DIY document might not be discovered until it’s too late—when your loved ones are left to deal with the aftermath.

It’s essential to ask yourself what’s truly at stake. A professionally prepared estate plan not only ensures your wishes are carried out properly but also provides clarity and protection for those you care about most. While online templates may seem convenient, the peace of mind that comes from working with a knowledgeable attorney is invaluable.

The process of administering a probate estate is called probate administration. Probate is the process of settling an estate. It involves collecting records and assets, and paying taxes. Assets are distributed according to law or as specified in the Will. Probate can be stressful, particularly if there are any assets or debts in an estate or if there is litigation involved. If the decedent left no Will, the probate must follow the default state rules.

An estate is a collection of assets that the deceased leaves behind. This includes both tangible and intangible assets, as well as personal and real property. These assets must eventually be passed to new owners. Additionally, estate creditors must have the right to make claims against the estate. Taxes owed to the federal and state governments need to be paid before assets can be handed to beneficiaries or heirs. This all happens during the process of probate.

If you were informed that you are the Executor of an estate, this means the deceased appointed you in the Last Will and Testament. This also indicates that the deceased had great faith in your capabilities and trusted you.

Steps to Begin as an Executor

To get started as an Executor, you will need to complete the following:

• Locate an original copy of the Last Will and Testament of your decedent to submit to the proper probate court.
• Identify all assets in the estate.
• Obtain certified copies of the death certificate.
• Prepare a petition to open probate.
• Consult with a Long Island attorney experienced in probate litigation.

You also need to file the petition to probate along with the Last Will and Testament to the probate court, typically in the county where the deceased lived at the time. To determine whether the estate qualifies for simplified probate for small estates, consult an estate planning lawyer beforehand. Having an attorney by your side is the best way to avoid costly mistakes and ensure the process runs smoothly.

Understanding the difference between probate and non-probate assets is a crucial part of estate administration. Probate assets are those that must go through the court-supervised probate process, while non-probate assets can pass directly to beneficiaries outside of probate.

For example, assets such as life insurance policies, retirement accounts, and bank accounts with designated beneficiaries typically bypass probate. These assets transfer automatically to the named individual upon the account holder's death.

When a revocable living trust is in place, many assets may already be held within the trust, allowing the trustee to distribute them according to the trust’s terms without involving the probate court. In many cases, the trustee may also serve as the executor. Additionally, a pour-over will is often used to ensure that any remaining probate assets are transferred into the trust and distributed accordingly.

If someone passes away without a will, the estate is considered 'intestate', and the court must appoint an administrator to handle the estate. This is usually the closest distributee — such as a surviving spouse or adult child. In these cases, the Surrogate’s Court will issue Letters of Administration instead of Letters Testamentary.

Navigating the administration of an intestate estate can be complex, and disputes among heirs are not uncommon. That’s why proactive estate planning, including the use of trusts and clear beneficiary designations, is so important.